N.M. Admin. Code § 19.27.1.24

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.27.1.24 - CHANGE OF WELL LOCATION AND PLACE AND/OR PURPOSE OF USE; SUPPLEMENTAL WELLS; EXTENSIONS OF TIME; PREREQUISITES FOR DRILLING; DEEPENING AND REPAIRING

A. Change of location of well: The owner of a water right within a declared underground water basin cannot change the location of his well without the approval of the state engineer except as otherwise provided in Section 75-11-23 [72-12-23 NMSA 1978].

B. Replacement well within one hundred feet of original well: The owner of a water right may drill and use a replacement well within one hundred (100) feet of the original well prior to application, publication, and hearing, if:

(1) The well is drilled in the same, and only the same, underground source; and

(2) The appropriation is of the same amount of water allowed by his water right in the original well; and

(3) An emergency situation exists which would result in serious economic loss if application, publication and hearing were required; and

(4) The owner notifies the state engineer office of these facts and of the location of the proposed well by registered letter prior to drilling; provided he files application for a permit within thirty (30) days after drilling begins.

(5) The owners of other water rights claiming injury by the drilling of a replacement well under these circumstances may not enjoin the drilling of such well or the use of the water from the well but are limited to an action at law to recover damages and to their right to protest the granting of a permit.

C. Replacement well over one hundred feet from original well: The owner of a water right may drill and use a replacement well over one hundred (100) feet from his original well upon making application without waiting for the completion of publication and hearing, if:

(1) The well is drilled in the same and only the same underground source; and

(2) The appropriation is of the same amount of water allowed by his water right in the original well; and

(3) An emergency situation exists which would result in serious economic loss if publication and hearing were required; and

(4) The state engineer after preliminary investigation finds that the change does not impair existing water rights and grants him a permit authorizing the drilling and use of the replacement well prior to publication and hearing;

(5) When preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a replacement well may impair existing rights then no permit shall be issued until after publication and hearing.

N.M. Admin. Code § 19.27.1.24

SE-66-1 Article 2-1, Recompiled 12/31/01